TERMS OF SERVICE

TERMS OF SERVICE

September 17th, 2023


PDFAI provides users with apps that support people to solve the problem of life. This Privacy Notice (the "Notice") describes how we collect and use your data through our Apps. It also describes the rights and options available to you concerning your personal information.


This Terms of Service (this “Agreement”) constitutes part of a binding agreement between us. and each end-user (“you” or “your”) regarding your downloading, installation and use of our mobile software ( the “App” or “Software”) and related services ( the “Service” or “Services”). YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE ARE CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS LICENSE AGREEMENT. We have the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software. You understand and agree that if you continuously use the Software after the date on which these terms have changed, we will treat your use as acceptance and compliance with the updated terms.

As we expand our offerings, including the introduction of our new products, PDF Reader Pro and PDF Editor Pro, this Agreement applies to all our applications.


1 GENERAL RESTRICTIONS ON USE


1.1 Subject to your compliance with this Agreement, we hereby grant you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part:


1.1.1 you agree not to distribute any part of or parts of the App or any element of the Service, in any medium without our prior written authorization, provided that you ensure such distribution is compliant with this Agreement;


1.1.2 you agree not to alter or modify any part of the Service;


1.1.3 you agree not to use the Service for any commercial use, including without limitation the following uses unless you obtain Our prior written approval:


(a)the sale of access to the Service;

(b)the sale of advertising, sponsorships or promotions placed on or within the Service.


Prohibited commercial uses shall not include (i) Usage of any photograph or image owned by you which you edited using the Service. Please note that you may not make any commercial usage of the stock photos contained in the Service. As a part of the terms of use of the Service you hereby obligate yourself to indemnify us for any damage resulting from such commercial usage of said stock photos. (ii) any use that is expressly authorized by us in writing. 1.1.4 you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the Service in a given period than a human can reasonably produce in the same period by using a publicly available standard (i.e., not modified) web browser;


1.1.5 you agree not to collect or harvest any personal data of any user of the Service;


1.1.6 you agree not to use the Service for the solicitation of business in the course of trade or connection with a commercial enterprise.


1.2 You agree that you will comply with all of the other provisions of this Agreement at all times during your use of the App and the Service.


1.3 You agree that you are solely responsible for (and that we have no responsibility to you or any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.


2 INTELLECTUAL PROPERTY POLICY


2.1 The App is developed by us independently. You acknowledge and agree that we retain all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests about this Software. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of People’s Republic of China (hereinafter referred to as “PRC”) and relevant international agreements and other intellectual property laws and regulations.


2.2 Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and we reserve the right to undertake appropriate steps against copyright offenders.


2.3 Your use of the Service is conditioned upon your agreement not to use the Service to infringe the intellectual property rights of others in any way. We may terminate its engagement with any user who is suspected of infringing the copyrights, or other intellectual property rights, of others, or may, at our sole discretion, take other actions against such users. Also, it is our policy, in appropriate circumstances, at its discretion and following applicable laws, to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.


3 CONTENT


3.1 As the App user you may submit graphics, photos, videos, and any other materials (“collectively called Content”). You understand that, whether or not Content is published, we do not guarantee any confidentiality concerning Content. You understand and agree that we cannot guarantee that you will be able to retrieve or save posted Content locally, and are not responsible for any loss of Content.


3.2 You retain all of your ownership rights in your Content, but you are required to grant limited license rights to us and other users of the Service to access and use your Content.


3.3 You understand and agree that you are solely responsible for your Content and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any liability in connection with Content.


3.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable us to use your Content for the provision of the Service by us, and otherwise to use your Content in the manner contemplated by the Service and these Terms.


3.5 You agree that your conduct through the App will comply with (and you agree that the content of all of your Content shall comply with) this Agreement, as updated from time to time. You hereby warrant and represent that: (a) you are the sole owner of and/or hold all rights in and to Your Content; (b) there are no restrictions, limitations which prevent or restrict you from granting the licenses herein; and (c) your Content will not: (i) facilitate or promote illegal activity, or contain illegal content; (ii) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (iii) contain sexually suggestive or explicit content; (iv) infringe upon or violate any right of any third party; (v) disparage, defame, or discredit us or any third party; (vi) contain any virus, viruses, worms, Trojan horses and other disabling or damaging codes; or (vii) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You agree to defend, indemnify and hold harmless us and our directors, employees, shareholders, customers, agents, successors and assigns from and against any loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties outlined in this Agreement.


3.6 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Service.

3.7 You agree that Content you submit to the Service will not contain any third party copyright material or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled.

3.8 On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in this Agreement. and may remove such Content and/or terminate a user’s access for uploading Content which violates this Agreement, at any time, without prior notice and at our sole discretion.


4 PRIVACY POLICY


4.1 Use of the Software is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed the Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read the policy carefully and use it to make informed decisions.


4.2 The App may request your permissions to use your end-devices camera and photo album during regular operation and to receive notice from us. If additional authority is required, we will ask for your permission in advance.


4.3 Advertising, AdMob, AppLovin and Facebook Audience Network. Personal Data: Cookies; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); Usage Data.


4.4 Infrastructure monitoring, Crashlytics Personal Data: geographic position; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); various types of Data as specified in the privacy policy of the service.


4.5 Analytics, Flurry Analytics, Personal Data: Cookies; Usage Data; various types of Data as specified in the privacy policy of the service: A. Facebook Ads conversion tracking (Facebook pixel) and Appsflyer

Personal Data: Cookies; Usage Data; B. Facebook Analytics for Apps

Personal Data: Usage Data; various types of Data as specified in the privacy policy of the service; C. Personal Data: Cookies; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); Usage Data


5 INDEMNIFICATION

You hold us harmless from all claims, including claims for damages, that other users or any other third parties, including public agencies (“Third Parties”), assert against us on account of your violation of this Agreement and our Privacy Policy. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to us as a result of your violation of the rights of other users or Third Parties. All further rights, as well as claims for damages on the part of us, shall remain unaffected.


6 LIMITATIONS OF LIABILITIES AND DISCLAIMER


6.1 You acknowledge and agree that the Software and Services may have potential risks like service interruption, failure to respond to users’ requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall we be liable for any risks stated above.


6.2 We are not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability, and any other force majeure.


6.3 Given business development and adjustment, we reserve the right to amend or terminate Services without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.


6.4 The software which is not officially released or authorized by us and the derivative works of the Software are illegal. User’s downloading, installing, and using this software may lead to unexpected risks. We are not liable for any legal liabilities, issues arising from it.


6.5 You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.


7 TERMINATION

7.1 You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.

7.2 Unless we unilaterally terminate this Agreement or you terminate this Agreement as above, this Agreement (including the updated agreement following) will remain effective.

7.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. We and any other third-parties have on need to send your additional notice.

7.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.


8 AMENDMENT


We have the right to amend the provisions of this Agreement from time to time subject to the change of law and regulative policy and based on the need for operation and development. Such an amendment will be notified or published at the interface of the App once it is updated. Your continued use of the App will be deemed as your acceptance of such an update.


9 OTHERS


9.1 You agree that if we do not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of our rights and we have the right to continuously exercise or enforce the right or regulation.


9.2 Without written authorization from the other side, the user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.


9.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.


9.4 The validity and interpretation of this Agreement apply to the laws of the PRC. If any provision in this Agreement conflicts with the PRC Laws, the provision should be re-interpreted following relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both us and users agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit the issues to Guangzhou Arbitration Commission by its then-current Arbitration Rules.


9.5 We reserve the final interpretation right on this Agreement.


9.6 If you have any comments on the App and Services or this Agreement, you may contact us feedback@sophoninc.com, and we will use our best efforts to provide you with timely and necessary assistance.